“Fiddled” finance

Grumpy_chap

Shinyfrog said:

I think the price was made obvious to her. I was just shocked how he changed the income details to make it work, rather than give in to the fact she didn’t have money (just naïve and an easy target) 

Ectophile said:

I suspect you may have more chance with a formal complaint to the finance company about the affordability checks.

finance companies can be stomped on by the FCA if they mis-sell finance to people who can't afford it.

With the mistaken income that was recorded (partner's income rather than her income), did she sign any of the paperwork to declare that was her correct income?
If so, it might complicate any complaints.

Kim_13

Wouldn’t there be a case for unaffordable lending, or even fraud (if the salesman did indeed massage the figures to get the finance approved?) That might also cause further issues if she gives her income to anyone else in the near future and the discrepancy is flagged.

Others are more knowledgeable than me but should she be submitting a SAR to Novuna to discover what was actually put on the application? Though they’re likely to argue that when she signed, she was declaring the details entered were correct.

PHK

Whilst I agree (from the information given) that a complaint about affordability checks is likely to succeed. The best the OP's daughter can  expect is to have the loan cancelled and a small trouble and upset payment. (Although there's no clarity as to whether the photographer was acting as an appointed representative, is themselves an authorised firm or if they merely "offer to help fill in the firms")

However, the OPs daughter will still owe £900 for the photos. As she has the USB stick, then any case would rest on whether there is £900 worth of value in the stick. That's a hard thing to disprove. 

I note there's no suggestion that the OPs daughter is vulnerable in any way (eg unable to make own decisions or poor decisions) Which closes down another avenue. 

Perhaps the best course is to get the finance cancelled, daughter to attempt negotiate a discount with photographer and then OP or family member put up the money as an interest free "loan" to daughter. 

ThumbRemote

Your daughter could pursue the photography company under the Consumer Protection from Unfair Trading Regulations, which outlaws aggressive commercial practices. 

https://www.legislation.gov.uk/uksi/2008/1277/regulation/7/made

This prohibits "harassment, coercion or undue influence" and gives a specific example of "the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgment, of which the trader is aware, to influence the consumer’s decision with regard to the product;". 

It could be argued that a young mother to a new baby is in a circumstance that impairs their judgement. After all, that's specifically why the photographers use these sort of tactics on them. 

However your daughter may have to make her case in court that the hard sell did include "undue influence", which is very much her word against theirs. That said, she could try a letter before action to them first and see what their reaction is. 

born_again

Kim_13 said:

Wouldn’t there be a case for unaffordable lending, or even fraud (if the salesman did indeed massage the figures to get the finance approved?) That might also cause further issues if she gives her income to anyone else in the near future and the discrepancy is flagged.

Others are more knowledgeable than me but should she be submitting a SAR to Novuna to discover what was actually put on the application? Though they’re likely to argue that when she signed, she was declaring the details entered were correct.

No need for a SAR, it's a straight forward complaint.